Network Turbine Solutions Pty Ltd

[2022] FWCA 1701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Network Turbine Solutions Pty Ltd

(AG2022/1179)

Network Turbine Solutions Ramp Services Enterprise Agreement 2021

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 24 MAY 2022

Application for approval of the Network Turbine Solutions Ramp Services Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Network Turbine Solutions Ramp Services Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Network Turbine Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Network Turbine Solutions Pty Ltd applied to the Fair Work Commission for approval of the Network Turbine Solutions Ramp Services Enterprise Agreement 2021. The dispute arose between Network Turbine Solutions, an employer, and its employees represented by the Australian Licensed Aircraft Engineers Association. The application was made under section 237 of the Fair Work Act 2009. The key legal issues before the Commission involved whether the agreement met the statutory criteria for registration, including whether it contained a minimum rate of pay and other essential terms and conditions that were fair and reasonable.

The Commission found that the agreement complied with all necessary statutory requirements. It was noted that the agreement established a minimum rate of pay and included provisions on hours of work, leave, and other essential terms. The Commission considered the agreement to be fair and reasonable, taking into account the evidence presented by both parties regarding the bargaining process and the context in which the agreement was negotiated. The evidence demonstrated that the agreement was the product of genuine bargaining and that it met the standards of fairness and reasonableness expected under the Act.

The Fair Work Commission approved the application and registered the Network Turbine Solutions Ramp Services Enterprise Agreement 2021. This decision ensures that the agreement is legally binding on both parties, providing a framework for the terms and conditions of employment for the duration of the agreement. The registration of the agreement helps to maintain industrial peace and provides a basis for resolving future disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established